Do You Need a Lawyer to Claim an Inheritance?
The short answer is: not always.
Whether you need a lawyer to receive an inheritance depends on the type of asset, how it was owned, whether an estate must be opened, and whether anyone disputes your right to receive it.
Some inheritances can be claimed directly from a bank, insurance company, retirement-plan administrator, or trustee. Others must pass through the Maryland probate process before they can be distributed.
What Does It Mean to “Claim” an Inheritance?
An inheritance does not always arrive automatically. The steps required to receive it depend on how the asset passes at death.
An asset may pass:
Under a will
Under Maryland intestacy law when there is no will
Through a revocable or irrevocable trust
By a beneficiary designation
Through a payable-on-death or transfer-on-death designation
By right of survivorship
Through the probate estate
The first step is determining which category applies.
When You May Not Need a Lawyer
You may not need to hire a lawyer if your inheritance is straightforward and no one is contesting your right to receive it.
You Are the Named Beneficiary of an Account
Life insurance, retirement accounts, annuities, and accounts with payable-on-death or transfer-on-death beneficiaries generally pass outside probate.
Maryland defines non-probate assets to include jointly held assets, trust interests, payable-on-death accounts, transfer-on-death accounts, retirement plans, and life insurance with named beneficiaries.
To claim one of these assets, the beneficiary usually contacts the financial institution and provides:
A certified death certificate
Proof of identity
A completed beneficiary claim form
Any additional documents required by the institution
A lawyer is not ordinarily required when the beneficiary designation is clear and the company accepts the claim.
You Are Receiving an Undisputed Distribution From an Estate
If an estate has already been opened and the personal representative is properly administering it, a beneficiary may simply need to wait for the distribution.
The personal representative—not the beneficiary—is responsible for identifying probate assets, paying valid debts and expenses, filing required documents and tax returns, and distributing the remaining property to the appropriate beneficiaries or heirs.
A beneficiary generally does not need a separate lawyer merely to receive an undisputed check or distribution from a properly administered estate.
You Are Receiving Property From a Trust
When property is held in a trust, the trustee generally follows the trust’s instructions and distributes the property directly to the beneficiaries. The property ordinarily does not pass through probate.
If the trust language is clear, the trustee is communicating, and no dispute exists, the beneficiary may not need separate legal representation.
When an Estate Must Be Opened
Probate is generally required when someone dies owning property in that person’s sole name without a beneficiary or survivorship designation.
Maryland requires assets titled solely in a deceased person’s name to be reported to the Register of Wills. A personal representative must then be appointed to administer the estate.
The person seeking appointment will ordinarily need:
Proof of death
The original will, if one exists
Information about the deceased person’s assets
Information about heirs and other interested persons
Funeral-expense documentation
The appropriate probate petitions and supporting forms
The Maryland Register of Wills can answer general procedural questions and assist with required forms, but its staff cannot provide legal advice.
A simple estate can sometimes be handled without an attorney. However, the personal representative remains legally responsible for properly administering the estate.
When You Should Consider Hiring a Lawyer
Even if an attorney is not technically required, legal representation may be important in the following situations.
You Cannot Determine Who Is Handling the Estate
If no one has opened an estate, you may need to determine whether probate is required and who has priority to serve as personal representative.
You may also need legal assistance if the person named as personal representative in the will is unwilling, unable, or unsuitable to serve.
There Is No Will
When someone dies without a will, Maryland’s intestacy laws determine who inherits.
The result may not match what family members expected or what the deceased person said informally. A lawyer can identify the legal heirs and explain how the estate must be divided.
The Will Is Missing, Questionable, or Disputed
Legal advice is especially important when:
The original will cannot be located
Multiple versions of a will exist
Someone alleges undue influence or lack of capacity
A signature or witness requirement is questioned
A family member threatens to challenge the estate
Someone believes the will was changed improperly
These issues can affect both who administers the estate and who ultimately inherits.
The Personal Representative Is Not Communicating
Probate can take time, and beneficiaries are not usually entitled to an immediate distribution. The personal representative must first identify assets, address valid claims and expenses, and complete the required administration.
However, a beneficiary should consider obtaining independent advice when the personal representative:
Refuses to provide meaningful information
Appears to be using estate assets personally
Fails to file required documents
Sells property without adequate explanation
Makes distributions inconsistently
Allows the estate to remain inactive without justification
Has interests that conflict with those of the beneficiaries
The Orphans’ Court oversees estate administration and may direct the conduct of a personal representative when appropriate.
Real Estate Is Involved
Inherited real estate often requires more than simply receiving a deed.
Questions may arise about:
Whether the property is a probate asset
Existing mortgages or liens
Multiple beneficiaries becoming co-owners
Selling the property during administration
Transferring title to an heir or beneficiary
Refinancing or buying out another beneficiary
Property located outside Maryland
Capital-gains and property-tax consequences
A lawyer can review the existing deed, determine how title passes, and prepare any new deed or probate filings that are required.
The Estate Has Significant Debts
A beneficiary should not personally pay a deceased person’s debts merely because a creditor requests payment.
Valid debts are generally handled through the estate. The order and timing of payment can matter, particularly if the estate may not have enough money to pay every claim.
You Want to Refuse the Inheritance
A beneficiary is not required to accept an inheritance. However, disclaiming property can have important legal and tax consequences, and strict timing and documentation requirements may apply.
A beneficiary considering a disclaimer should obtain advice before accepting, spending, transferring, or exercising control over the inherited property.
Inheritance Tax May Apply
Maryland imposes an inheritance tax on certain transfers, although many close family members and other recipients are exempt.
Inheritance tax can also apply to some non-probate property. The Register of Wills assesses the tax after the property is reported and issues an invoice when tax is owed.
The relationship between the deceased person and the beneficiary, rather than merely the size of the inheritance, can affect whether inheritance tax applies.
Does the Estate’s Lawyer Represent the Beneficiaries?
Not necessarily.
An attorney hired by the personal representative generally represents the personal representative in carrying out the administration of the estate. That attorney does not automatically represent every beneficiary.
If your interests conflict with the personal representative’s interests—or with those of another beneficiary—you may need your own lawyer.
What Should You Do If You Learn That You May Be Entitled to an Inheritance?
Start by gathering as much information as possible:
Determine whether a will or trust exists.
Identify the personal representative or trustee.
Determine whether an estate has been opened.
Identify the asset you expect to receive.
Determine whether the asset is probate or non-probate property.
Request the appropriate claim forms or estate information.
Avoid signing releases, settlement agreements, or disclaimers until you understand their effect.
Speak with an attorney if the inheritance is disputed, delayed, or complicated.
So, Do You Need a Lawyer?
You probably do not need a lawyer if you are the clearly named beneficiary of a straightforward account or are receiving an undisputed distribution from a properly administered estate.
You should consider hiring a lawyer if probate has not been opened, real estate is involved, the estate has substantial debts, the will is disputed, the personal representative is not fulfilling their duties, or you are being asked to sign away rights.
A short legal consultation can often clarify whether representation is necessary before a manageable inheritance issue becomes an expensive dispute.
Questions About an Inheritance in Maryland?
Holt Legacy Law assists beneficiaries, heirs, trustees, and personal representatives with Maryland probate matters, inherited property, deed transfers, trust administration, and estate disputes.
If you are unsure how to claim an inheritance, or whether the person administering the estate is handling it properly, schedule a consultation before signing documents or making decisions about the inherited property.
Prefer to speak with someone directly? Call us at (410) 864-6395. We’re happy to help.
